Just as marriages start out rosy and full of excitement, many new business owners start out excited and with a picture-perfect view of the road ahead. However, just like spouses in a marriage can have times when it is difficult to get along, those new business owners may eventually become disillusioned about their relationship. Very often, one owner will develop feelings that he or she is carrying a disproportionate share of the work load, is contributing a disproportionate share of the financial or other resources needed to run the business, or is the victim of a power or equity imbalance. Most new business owners do not foresee future conflicts and do not prepare for them, but should.
In this day of work from home, the gig economy, and demands for more flexibility in the work-life balance, it is becoming harder to determine if the people that work for you are properly classified as employees or independent contractors.
The Occupational Safety and Health Administration (OSHA) recently posted guidance to help employers identify COVID-19 risks to unvaccinated or otherwise at-risk workers, and help prevent exposure and infection. Because the CDC has advised that fully vaccinated people can resume activities without wearing masks or physically distancing, the guidance is designed to aid employers in providing a safe work place for the unvaccinated and the vaccinated who are at-risk despite being vaccinated.
Last month, the EEOC issued guidance regarding whether or not employers can require employees to obtain the Covid-19 vaccination as a condition of employment. Under the EEOC guidelines, the answer is “Yes, but.”
Everyone in business wants to collect their accounts receivable. It’s easy – you earned the money and you should be paid; however, that is not always how it works out. And, when the account is not paid, you inevitably have to decide whether to file suit to collect the account, and whether you want to spend the money to do so. There is no question that lawsuits are expensive, and that leads to the question of whether the costs can be kept in check and whether attorney’s fees and litigation expenses can be recovered. The answer to the first question is now “Yes,” and the answer to the second is “Well, maybe.”
Modern commercial contracts often have dispute resolution provisions buried in the “boilerplate” at the end of the contract. Often, the boilerplate provisions at the end of contracts are overlooked because they are “standard”, but they should never be overlooked or skimmed because they can have significant consequences. Dispute resolution clauses are one of those since they will define how the parties will resolve any disputes. They will typically specify the state law that will apply to any disputes as well as the forum in which any dispute must be resolved. On occasion, the provisions will address mediation, arbitration and litigation. The question is, what procedure is best for a given situation?